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flintstones1960

Revised NOA is it lawful?

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amendedNOAjuly2009.gif

 

originalNOAnov2007.gif

 

solletteraccomanythenewNOAjuly20-1.gif

 

solletteraccomanythenewNOAjuly2009p.gif

 

I could do with some advice with regards to the above, the story goes like this:

 

Mortgage was with National Home Loans who repossessed the house and then when sold took us to court for the shortfall of £5084.85. The judge awarded a tomlin order and payments have been maintained at the agreed amount of £5 per month ever since.

 

In November 2007 we received an NOA fron a company called Asset Recoveries who said they were acting on behalf of a Phoenix Recoveries who now owed the debt from NHL. They were then stating the debt amount on the NOA as £6889.52 which was strange considering that £5 per month had been paid for over six years.

 

After many letters the last from me in Feb this year I have received an amended / revised NOA for a different amount again but not the amount that they say we actually owe!!

 

My questions are:

 

1. We have never received an NOA from NHL stating that the debt had been transferred to Phoenix Recoveries. Should we have done or as their solicitors state they had no legal requirement to do so.

 

2. As the amount on the original NOA is incorrect does this render the NOA unlawful and therefore unenforceable?

 

3. Can they have they appear to think they can issue a revised or amended NOA (which still has an incorrect amount due) or is this unlawful and therefore unenforceable?

 

4. If these NOA's are not enforceable then can I stop payments and if I do how will this effect the tomlin order?

 

would love to be able to tell these barstuards to get lost after 18 years thx

amended NOA july 2009.jpg

original NOA nov 2007.jpg

reply to asset feb 09.doc

sol letter accomany the new NOA july 2009 pg1.jpg

sol letter accomany the new NOA july 2009 pg2.jpg

Edited by flintstones1960
removing images and replacing

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The scanned letters are too small to read.

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[quote=flintstones1960;2312554My questions are:

 

1. We have never received an NOA from NHL stating that the debt had been transferred to Phoenix Recoveries. Should we have done or as their solicitors state they had no legal requirement to do so.

 

2. As the amount on the original NOA is incorrect does this render the NOA unlawful and therefore unenforceable?

 

3. Can they have they appear to think they can issue a revised or amended NOA (which still has an incorrect amount due) or is this unlawful and therefore unenforceable?

 

4. If these NOA's are not enforceable then can I stop payments and if I do how will this effect the tomlin order?

 

would love to be able to tell these barstuards to get lost after 18 years thx

 

1. Legally either the assignor NHL, or assignee Phoenix can send a NOA.

2. Original NOA must contain the correct amount as quoted in deed of assignment/contract between NHL and Phoenix. If it does not, it is not a legal assignment.

3. They can issue a new NOA.

4. Without a valid NOA you can stop payments to Phoenix, however you would have to pay NHL. Only reason you can do this is because without a valid NOA you are allowed to deal direct with OC.

 

Not familiar with Tomlin Orders, check to see if they can add interest.

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sorry a little confused now but its late and the wine has taken effect,

 

so they got the details wrong which makes the NOA invalid but when they have this pointed out they can amend the NOA to what fits now!!!

 

I can pay the OC but what if they dont exsist and no one has given me proof that the people I am paying actually own the debt? what would I do if NHL suddenly tell me I haven't been paying them as per the tomlin order do I refer to incorrect, inadmissable, unlawful paperwork as my defence?

 

HELP I need to know if I should continue paying the apparatent new owner of the debt or begin a fight.....

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any more thoughts on how to proceed? Is there anything I can do or is this all above board and legal?

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